STATE OF GUJARAT Vs. THAKORE DASHRATHJI SHIVUJI

JUDGEMENT

(1.) THE present Criminal Confirmation Case has been registered on account of the reference received from the Court of learned Additional Sessions Judge, Fast Track Court No.3, Mehsana, wherein the said learned Additional Sessions Judge has awarded Capital Punishment to the respondent herein -Dashrathji Shivuji Thakor, who is the appellant of Criminal Appeal No.1171 of 2007, resident of village Virta, Taluka Mehsana, District Mehsana, while dealing with Sessions Case No.51 of 2007. It is submitted in the said report made by the learned trial Judge that the judgment and order of conviction and sentence awarding Capital Punishment to the respondent herein dated 30th August 2007 may be confirmed by this Court in light of the provisions of Sections 366(1) and 366(2) of the Code of Criminal Procedure, 1973. The said report says that the respondent at the time of awarding sentence was intimated about his right to assail the said judgment and order of conviction and death sentence imposed, within a period of 30 days, if he so desires. This Court has received certified copy of the judgment and order as well as the R & P of Sessions Case No.51 of 2007.

(2.) THE very judgment and order of conviction and sentence has been assailed by the respondent -appellant by way of preferring Criminal Appeal No.1171 of 2007 before this Court. This Court (Coram : R.P. Dholakia and K.S. Jhaveri, JJ) has admitted the said appeal and has also ordered that the said appeal be heard along with present Confirmation Case No.2 of 2007.

(3.) DURING the course of submissions, Shri J.M. Barot, learned counsel appearing for the respondent -convict, has submitted that this is a case where the respondent -convict, even as per the case of the prosecution, committed offence when he was under the influence of Alcohol and the death of victim is nothing but undue anger of respondent -convict. According to the prosecution, the victim -Vinaben, who was the wife of respondent -convict, had no cordial relations with respondent -convict, who was her husband, and there were instances of quarrels between them and on account of the same she occasionally used to go to her parental home and ultimately, she used to come back to co -habit with her husband i.e.respondent -convict. On the date of incident, Vinaben had just returned from her parental home. When Vinaben and respondent -convict were returning from her parental home, there was a quarrel between them and the respondent -convict being habitual drunkard had beaten his wife Vinaben (deceased) prior to the incident on the way to her matrimonial home. Thereafter, the respondent -convict had left the house and he had returned after sometime. After returning, he had poured kerosene on his wife Vinaben and enkindled her and bolted the house from outside ruthlessly. On hearing the shouts of victim Vinaben, the people in the neighbouring area had rushed to rescue the victim Vinaben and they had extinguished the fire.